1. General, scope, delivery restrictions
1.1 SunWay Europe GmbH, Wrangelstraße 100, 10997 Berlin (hereinafter “SunWay") operates, among other things, an online shop on the Internet portal www.sunjoyonline.eu (hereinafter “sunjoyonline.eu"). On sunjoyonline.eu consumers according to § 13 BGB as well as entrepreneurs according to § 14 BGB (hereinafter “Customers”, individually too “Could", “You") Goods available for purchase.
1.2 The following delivery restrictions apply: The offers are only aimed at consumers and entrepreneurs of legal age with a billing address in Germany or Austria. The goods are only sold in normal household quantities.
1.3 These GTC apply to all contracts concluded with customers via sunjoyonline.eu and generally to all business relationships between SunWay and its customers. SunWay does not accept any other general terms and conditions unless otherwise expressly agreed.
1.4 If working days are specified as deadlines, this includes all weekdays with the exception of Saturdays, Sundays and public holidays.
2. Registration and use of sunjoyonline.eu
2.1 When ordering goods and/or creating a customer account, you will be asked to register and provide your personal data. Clause 15.1 applies. You are responsible for ensuring that the data is complete and true. You are also obliged to keep your data up to date. If the data provided changes during the period of your use, you must correct the information in your customer account immediately. After you have completed the registration process, you will receive a confirmation of your registration by email. By registering in the online shop sunjoyonline.eu you also have access to the shopping community of the internet portal www.sunjoyonline.eu.
2.2 You are solely responsible for content (such as product reviews) that you post in areas accessible for this purpose. You guarantee that your own content does not encroach on or violate the rights of third parties (e.g. personal rights or copyrights). In this regard, you fully indemnify SunWay against third-party claims upon first request. By submitting the content to SunWay, you grant SunWay all simple rights of use, unlimited in terms of time, space and content, and also for transfer to third parties, which SunWay needs to publish and distribute the content, even in part, in its online shop sunjoyonline.eu. SunWay has the right, but not the obligation, to store or publish, delete, abridge, edit, correct or translate such content.
2.3 You are prohibited from using sunjoyonline.eu outside of the intended scope, in particular from disrupting or manipulating technical processes. Interventions with the intention of gaining unauthorized advantages to the detriment of SunWay or other customers result in the immediate loss of access to the online shop sunjoyonline.eu and result in the suspension of the customer account.
2.4 You are only authorized to have one customer account at a time sunjoyonline.euregister and operate. If SunWay discovers multiple registrations, SunWay can delete them.
2.5 In the password-protected "My Account" area sunjoyonline.eu you can view your open, recently sent and/or completed orders and, if necessary, change them, as well as manage and save your own data, vouchers and any subscriptions to newsletters.
2.6 SunWay reserves the right to warn you to delete your access to the sunjoyonline.eu Internet portal or to change or delete content you have transmitted if you violate one of the provisions of this Section 3 (virtual domiciliary rights). Any claims for damages by SunWay remain unaffected.
3. Contractual partner, language and conclusion of contract
3.1 When concluding contracts sunjoyonline.euyour contractual partner is exclusively SunWay.
3.2 sunjoyonline.eu is operated in German and English; contracts sunjoyonline.eu will be closed in German and English.
3.3 The offer of the goods on sunjoyonline.eu is not a binding contract offer within the meaning of § 145 BGB, but is to be understood as an invitation to submit an offer (invitatio ad offerendum). By submitting an order by clicking the "Buy now" button, you are making a binding offer to enter into a contract. After submitting or sending the order, you will receive an email confirming the technical receipt of your order to the email address you provided. This confirmation e-mail does not yet represent acceptance of the contract. SunWay declares acceptance of the contract in a separate e-mail as soon as the goods leave the warehouse or the delivery period can be confirmed.
3.4 SunWay saves the text of the contract and sends you a contract confirmation (consisting of order data and general terms and conditions) by e-mail. You can also read the General Terms and Conditions at any time at Terms and Conditionssee. You can view your past orders in the customer login area of sunjoyonline.eu see.
4. Prices, delivery options, shipping costs
For orders on sunjoyonline.eu the prices stated on the respective article page at the time of your order apply. The prices are final prices including statutory sales tax and all other price components. Excluded from this are the shipping costs. These are charged separately for your order and depend in particular on the size and weight of the goods and the selected shipping method. The shipping costs are also indicated on the item page.
5.1 SunWay offers the payment methods credit card, direct debit, PayPal, purchase on account and payment in advance. SunWay reserves the right to exclude individual payment methods for customers or goods and to refer to the other payment methods.
5.2 SunWay accepts various credit cards, e.g. Visa and Mastercard. SunWay will debit the invoice amount from your credit card immediately after receipt of the order.
5.3 If you choose the SEPA direct debit payment method, you will be asked to send us your account number and sort code or your IBAN and BIC. By submitting this data, you give SunWay a SEPA mandate to collect the corresponding invoice amount from the account you specified. You can revoke the SEPA mandate in writing at any time. SunWay collects the direct debit amount from five (5) working days after completing the order process. With the order confirmation, we will inform you again about the point in time at which the direct debit amount will be debited (advance information). The deadline for providing advance notice before debiting is reduced to five (5) business days. You must reimburse SunWay for the costs of a chargeback that arise due to insufficient funds in the account, incorrect bank details or an unjustified objection to the debit on your part, insofar as you are responsible for them.
5.4 SunWay offers customers the payment method purchase on account in cooperation with Billpay GmbH. In the case of purchase on account, the purchase price is due for payment to the account specified in the invoice 20 calendar days after the invoice date. If payment is not made within 20 days of the invoice date, the customer is in arrears without prior reminder ("payment target").
In the case of purchase on account, the invoice amount is assigned to Billpay GmbH, so that the customer can only make debt-discharging payments to Billpay GmbH or a third party named by Billpay GmbH. Even when purchasing on account via Billpay GmbH, SunWay remains responsible for general inquiries (e.g. about the goods, delivery time, shipment), returns, complaints, cancellation declarations and shipments or credit notes. In addition, the Terms and Conditions of Billpay GmbH.
If the customer is in arrears with payment obligations towards Billpay GmbH, all existing claims are due immediately (cassatory clause).
If the customer does not pay the invoice claim or not in full within the payment period, Billpay GmbH will initiate a dunning procedure.
The following provisions apply to all SunWay vouchers.
6.1 Vouchers are only valid for the period announced at the time of issue. An extension of the period is not possible.
6.2 Vouchers cannot be used to offset shipping or, where applicable, the cost of setting up your product.
6.3 If the price of your order exceeds the credit on a voucher, you can make up the difference using the payment methods offered.
6.4 For technical reasons, SunWay can only accept one voucher per order. Customers can contact our customer service for paid vouchers. The customer service will then rewrite the individual vouchers that are subject to a fee to an overall voucher. The entire voucher can then also be redeemed in a single order.
6.5 Vouchers are neither paid out in cash nor bear interest.
6.6 Lost, in particular stolen, vouchers will not be reimbursed either. SunWay assumes no liability for lost vouchers.
6.7 SunWay reserves the right to refer to alternative payment methods in accordance with Section 6.1, to refuse delivery and/or to block customer accounts if there is a justified suspicion of misuse in connection with the use of vouchers.
The following additional provisions apply to all vouchers, except for paid (gift) vouchers:
6.8 Vouchers are not transferable.
6.9 Vouchers can be linked to a minimum order value. The value of the goods must at least correspond to the amount of the promotional voucher. It is therefore not possible to refund or credit any remaining credit that arises if the value of the purchase is less than the value of the voucher.
6.10 Vouchers will not be refunded if you return the goods in whole or in part or if goods can only be partially delivered.
6.11 The value of the voucher will be divided proportionally between the products you have ordered. In the event of a return, the amount due for the returned product will be forfeited in full, even if the value of the retained products is greater than the minimum order value.
6.12 Vouchers may be limited to individual products. They cannot then be transferred to other products.
6.13 Refer-a-friend vouchers that you received as a first-time buyer due to an invitation from a SunWay member may not be redeemed if the inviting SunWay member lives temporarily or permanently in the same household as the first-time buyer. The same limitation applies to refer-a-friend vouchers that you received as an inviting SunWay member because an invited SunWay member made an initial purchase. SunWay reserves the right to cancel affected orders, to void all vouchers (except paid [gift] vouchers) of the SunWay member and/or to exclude the SunWay member from the refer-a-friend program in the future.
7.1 Deliveries are only made within Germany and Austria to the delivery address provided by you. You are responsible for ensuring that the delivery address can be delivered to during normal business hours.
7.2 SunWay will ship your goods as soon as the invoice amount has been fully credited to our account.
7.3 If SunWay is unable to meet a binding delivery deadline for reasons for which SunWay is not responsible (e.g. due to a lack of supplies to itself from sub-suppliers or force majeure), SunWay will inform you of this immediately, stating the new expected ones if necessary delivery time. If the new delivery period is not acceptable to you or the goods are no longer available within the new delivery period or are no longer available at all, both contracting parties are entitled to withdraw from the contract with regard to the goods in question; in this case, we will immediately reimburse any consideration already rendered. The statutory rights of the contracting parties remain unaffected.
7.4 In cases of force majeure, the delivery time is extended appropriately. Force majeure includes, among other things, strikes, lockouts, official interventions, shortages of energy and raw materials, transport bottlenecks, operational disruptions, e.g. due to fire, water, machine damage and lightning strikes and all other disruptions that SunWay could not foresee and was not responsible for. SunWay will immediately inform you of the start and end times of such obstacles to delivery.
7.5 SunWay reserves the right to withdraw from the contract if delivery fails three times for reasons for which SunWay is not responsible. In this case, payments already made by you will be reimbursed by SunWay. The statutory rights of the contracting parties remain unaffected.
7.6 SunWay asks you to report obvious transport damage immediately to the delivery agent and to SunWay. The notification has no effect whatsoever on your warranty rights, but makes it easier for SunWay to assert its own claims against the delivery agent.
8. General Returns Information
8.1 By using the requested return label, you declare that the return package contains only products purchased from SunWay or that all information was removed from the products before they were returned. SunWay is not responsible for items that are mistakenly left in the product you returned or the packaging in which the product was returned. You agree that the returned product becomes SunWay's property and that SunWay may, at its sole discretion, sell it to a third party.
9. Right of Withdrawal for Consumers
When concluding a distance selling transaction, consumers are generally entitled to a statutory right of withdrawal, about which SunWay will provide information below in accordance with the statutory model. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day
- on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (SunWay Europe GmbH, Wrangelstraße 100, 10997 Berlin) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. If the direct debit procedure was selected as the means of payment, no objection to the direct debit is required.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
We bear the costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Sample withdrawal form
(If you want to revoke the contract, please fill out this form and send it back)
- An SunWay Europe GmbH, Wrangelstrasse 100, 10997 Berlin
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if notification is on paper)
- (*) Strike out what is not applicable
10. Voluntary Right of Return
10.1 Voluntary right of return up to 30 days after receipt of goods. For all purchases of goods, we grant you a voluntary right of return of a total of 30 days from receipt of the goods in addition to the statutory right of withdrawal in accordance with Section 8. With this right of return, you can withdraw from the contract even after the 14-day cancellation period has expired (see Section 8) by contacting us within 30 days of receipt of the goods (period begins on the day after receipt of the goods). SShould you decide to send us an email firstname.lastname@example.org.Please also enter your order number here, as well as the item number and the number of items to be returned. We can have forwarding items picked up from you after consultation.
10.2 A prerequisite for exercising the voluntary right of return, however, is that you return the goods complete, in their original condition, undamaged and in the original sales packaging. You have the opportunity to check the functionality and properties of the goods and try them out and test them, as is possible and customary in a retail store (“Test"). If the item is used beyond this inspection and this causes deterioration and damage to the purchased item, SunWay reserves the right to refuse to take back the goods subsequently damaged by the buyer. We would like to point out that you bear the transport risk when returning the goods as part of the voluntary right of return. The voluntary right of return does not apply to the purchase of gift vouchers.
10.3 If you exercise your voluntary right of return, the refund will be made to the account you used for payment. If you paid by Paypal / credit card, the refund will be made to the associated Paypal / credit card account. If the direct debit procedure was chosen as the means of payment, no objection to the direct debit is required
10.4 Your statutory right of withdrawal (cf. section 8) is not affected by compliance with the requirements specified in this section 9 and remains in force independently of this. Until the end of the period for the statutory right of withdrawal, only the statutory conditions listed there apply. Furthermore, this contractually granted (voluntary) right of return does not limit your statutory warranty rights, which remain unrestricted.
11. Retention of Title
11.1 The goods do not become the property of the customer until full payment has been made.
11.2 In the case of purchase on account, Klarna Bank AB as retains ownership of the purchased item until all outstanding claims from the business relationship with the customer have been settled
12. Service, Complaints and Claims
Customer satisfaction is very important to us. We therefore endeavor to process your request as quickly as possible and to get back to you as soon as we have received your input. For service requests or complaints, please contact our customer service:SunWay Europe GmbH Wrangelstraße 100 10997 Berlin
SunWay is only liable for intent and gross negligence, unless the damage is fraudulently concealed, damage resulting from injury to life, limb or health or damage resulting from the breach of essential contractual obligations. Essential contractual obligations are obligations the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner regularly relies and may rely. If there is simple negligence in these exceptional cases, our obligation to pay compensation is limited to the foreseeable damage that is typical for the contract. The regulations of the product liability law as well as the liability for assumed guarantees remain unaffected. The same applies to breaches of duty by SunWay's vicarious agents.
14. Hyperlink Disclaimer
Hyperlinks on sunjoyonline.eu can refer to third-party websites. SunWay has no influence whatsoever on the content of these external websites, does not adopt them and assumes no liability for their content. As soon SunWay becomes aware of illegal content SunWay the corresponding hyperlinks sunjoyonline.eu Clear.
15. Data Security
15.1 In the course of your registration on sunjoyonline.eu you will be asked to submit personal data. This is data that SunWay to process the on sunjoyonline.eu concluded contracts required. All personal data is from SunWay treated confidentially and in accordance with the relevant legal regulations, in particular those of the General Data Protection Regulation (EU-DSGVO) and the Federal Data Protection Act (BDSG). To secure your data in online payment transactions SunWay through the most modern encryption techniques such as e.g. B. the Secure Socket Layer (SSL). SSL is a recognized standard protocol that ensures secure data exchange. All of the data you use to place an order is transmitted to SunWay in encrypted form.
16. Image Rights
All rights of use to image material sunjoyonline.eu are included SunWay or our partners. The use of the image material - in whatever form - is not permitted unless express permission has been obtained from SunWay.
17. Final Provisions
17.1 For legal disputes arising from or in connection with the purchase contract, the law of the Federal Republic of Germany shall apply exclusively, excluding the UN Sales Convention.
17.2 SunWay reserves the right to adapt these terms and conditions for future transactions. Excluded from this are unreasonable changes, in particular of essential parts of the contract, such as the main services owed, which would be the subject of a change contract.
Status: February 2022Your Sunway Europe GmbH